G v E

Subject Matter

MENTAL DISORDER — Incapable person — Deprivation of liberty — Incapable person deprived of liberty by being removed from placement with carer and placed in local authority unit — Judge assessing person’s best interests and making interim order that he continue living in local authority unit — Whether Convention right to liberty imposing threshold conditions on exercise of court’s power to deprive person lacking capacity of liberty — Whether court required to be satisfied person having mental disorder of sufficient seriousness to warrant compulsory detention before depriving him of liberty — Whether statutory provisions “procedure prescribed by law” in accordance with which persons could be detained — Whether compliant with Convention right to liberty — Guidance as to practice on application for interim order — Human Rights Act 1998, Sch 1, Pt I, art 5 — Mental Capacity Act 2005 (as amended by Mental Health Act 2007, s 50), ss 4A, 16, 48

[2010] EWCA Civ 822; [2012] Fam 78; [2011] 3 WLR 652; [2011] PTSR 1574; [2010] 4 All ER 579; [2011] 1 FLR 239, CA

Appellate History